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INDONESIA
Jurnal Dinamika Hukum
Published by Universitas Jenderal Soedirman
ISSN : 14100797     EISSN : 24076562     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Dinamika Hukum Fakultas Hukum Universitas Jenderal Soedirman adalah jurnal terakreditasi nasional yang berfungsi sebagai media informasi dan komunikasi di bidang hukum. Jurnal Dinamika Hukum diterbitkan 3 kali dalam satu tahun yaitu bulan Januari, Mei dan September yang didalamnya memuat artikel ilmiah hasil penelitian, gagasan konseptual dan kajian lain yang berkaitan dengan Ilmu Hukum.
Arjuna Subject : -
Articles 16 Documents
 1   2 
Search results for , issue "Vol 18, No 2 (2018)" : 16 Documents clear
CONFISCATION ON STATE-OWNED ENTERPRISES (BUMN) ASSETS IN THE PERSPECTIVE OF TAXATION LAW Zainal Muttaqin
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.2130

Abstract

Regime of the State Finance Law as stipulated in Law Number 17 Year 2003 and Law Number 1 Year 2004 classify separated state finances as State-owned enterprises (BUMN) capital into the definition of state finances of which assets are free from confiscation. The problem is in terms that BUMN as taxpayers do not pay the tax debt, thus is it possible for BUMN to be enforced by law in the form of confiscation of its wealth? This paper aims to analyze the above issues based on applicable legal doctrine. From a legal perspective, State-owned enterprises is a separate legal entity from the owner of capital (state). Thus, the capital sourced from the state in the State-owned enterprises is not the property of the state anymore yet a wealth of state enterprises as legal entities as well as taxpayers. As a result, Law Number 17 Year 2003 which explained that state assets separated in BUMN including state assets is inconsistent with applicable legal theory. Accordingly, Article 50 paragraph (1) of Law Number 1 Year 2004 should have not been applied to State-owned enterprises.Keywords: BUMN, Confiscation, Legal Entity, State Finance, Tax.
NATIONAL LAW DEVELOPMENT AS IMPLEMENTATION OF PANCASILA LAW IDEALS AND SOCIAL CHANGE DEMANDS Achmad Irwan Hamzani; M Mukhidin
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.898

Abstract

Social life changes over time. The response to social change and law change is all important. The ideal national law system  Indonesian people expect is Pancasila law system. The problem in this research is First, what is the description of the Pancasila law ideals? Second, why development of national law as implementation of Pancasila law ideals is important? and Third, is national law development also the social change demands? This research employs normative approach which constitutes secondary data in the form of library materials. The analysis applied induction-interpretation-conceptualization. The results show that Pancasila law ideals is an expectation of a law system rooted in Pancasila which is a way of life of the Indonesian nation. The development of national law system is an attempt to establish its own product laws. The importance of national law development is to manifest the Pancasila law ideals. The law development in the context of social change is to meet social change. The national law development will be more effective if initiated from the substance of law.Keywords: Development, national law, ideals of law, Pancasila, social change.
LAW PROTECTION FOR INDONESIAN MIGRANT WORKERS FAMILY IN CIANJUR DISTRICT Tanti Kirana Utami
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.1361

Abstract

Cianjur as one of districts where migrant workers origin should have Local Government’s concern in terms of legal protection for both workers (TKI) and their families to achieve the family resilience and welfare. This paper examines how the protection model of TKI and their families and how its implementation. This research uses normative juridical type by case approach. This is a descriptive research by applying triangulation method. The research result shows that the model of protection for TKI and families in Cianjur district is activity programs for economic empowerment among TKI families. These programs are implemented through forming Bina Keluarga (BK-TKI)/migrant workers family programs at District level, BK-TKI at sub-district level and BK-TKI at village level. Therefore, the Migrant workers and families issue should be comprehensively and structurally conducted between government and society.Keywords: Migrant Workers Family Program, Protection Model, Economic Empowerment.
HUMAN RIGHT DIMENSION IN HEALTH SERVICE (Functional Relation among Doctor, Patient, and Hospital) Bekti Suharto
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.2000

Abstract

This research aimed at analyzing exposure of global capitalism which undermines sense humanity in health services in Indonesia, explaining health care policy, and designing model of functional relationship among  doctors, patients, and hospitals, based on human rights. This qualitative research used socio-legal approach. Primary and secondary data were collected by using observation, interviews, and documentation study. Data were analyzed through interactive data analysis process. It found sense of humanity in health services was undermined due to health market laws. Health care policy was a form of health development plan based on law principles which fulfill human rights of health, in terms of its functional relationship among doctors, patients, and hospitals, carried out by implementation of Pancasila, Leadership Trilogy of Ki Hajar Dewantara, Tri Dharma teachings of Mangkunegara I, KH. Ahmad Dahlan teachings, and teachings of Shiddiq, amanah, tabligh, fathonah, either by hospitals, doctors, and patients, on administrative, medical, or social services.Keywords: Capitalism, Health Legal Policy, Human Rights Dimension, Principles.
RAMADHAN: BLESS OR DISGRACE? Raharjo, Agus
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.2192

Abstract

In Ramadhan 1439 H/2018 M, Islamic preacher said that Ramadan as a month full of blessing, forgiving, month of knowledge, another spell that lead Moslem people to act wisely. Nowadays, two important events came as government mirror. Both of them occurred in mass media even debated either social or electronic media......
CODE OF ETHICS URGENCY IN THE IMPLEMENTATION OF GENERAL ELECTION IN INDONESIA Jeremia Alexander Wewo; Kotan Y. Stefanus; Umbu Lili Pekuwali
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.1744

Abstract

The mirror of state of democracy is election. Three institutions that organize General Election include General Election Commission, Election Supervisory Agency and Election Organizer Ethics Council. This study applies normative legal method. Code of Ethics constitutes significant meaning in every General Election for governing the General Election organizer to have integrity and high dedication. Code of Ethics and law in general election are inseparable; Code of Ethics is the guidelines for the election organizer to act and behave while the law is the foundation of a General Election implementation. In order to realize a democratic and quality General election then a General election process must be based on Code of Ethics and law.Keywords: General election, election organizer, Code of Ethics, law
JUDGE’S DECISION ON WORK TERMINATION DISPUTE IN INDONESIA AFTER CONSTITUTIONAL COURT DECISION NUMBER 37/PUU-IX/2011 Neni Vesna Madjid; Saldi Isra; Kurnia Warman; Mardenis Mardenis
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.2029

Abstract

Testing the provision of Article 155 section (2) Law Number 13 of 2003 on Manpower has been decided by the Constitutional Court (CC) through decision Number 37/PUU/IX/2011. Prior to the Constitutional Court decision, there are many various interpretations of undetermined clause. The Constitutional Court firmly states that the undetermined clause must be interpreted as “having a permanent legal force ".This study aims to analyze how the judges dismissed dispute of work termination cases in Indonesia after the decision. The research applied juridical normative method  by using secondary data literature such as legal documents, previous studies and other references which are relevant to the judges' decision within the Supreme Court after the Constitutional Court decision. Based on the analysis temporary result, the judges within the Supreme Court in 3 regions (Padang, Pekanbaru and Jakarta Pusat) and the Supreme Court itself are not practically guided by the Constitutional Court decision. It obviously results in the lack of legal certainty for the parties, especially workers.Keyword: Constitutional Court, Industrial Relation Court, Interpretation, Supreme Court.
FORSAKING EQUALITY: EXAMINE INDONESIA’S STATE RESPONSIBILITY ON POLYGAMY TO THE MARRIAGE RIGHTS IN CEDAW N Nurhidayatuloh; F Febrian; Achmad Romsan; Annalisa Yahanan; Martinus Sardi; Fatimatuz Zuhro
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.810

Abstract

Human rights violation (HRV) occurs when a state including its organs commits HRV to individual within its jurisdiction. International Law has formulated a wide range of human rights law, especially the CEDAW which has been ratified through Law No. 7 of 1984. However, the law has not been applied properly. This article aims to examine HRV committed by a state which caused inability or unwilling to amend polygamy Law. Based on normative research, analysis to Article 2(f) of the Convention applies a viewpoint equality and state responsibility theories. Through this method, international conventions will be opposed to national provisions, Polygamy regulation. It is found that Indonesia through Polygamy regulation performs discrimination against woman’s rights. It can be stated that Marriage Law treats men and women unequal. It concludes that, as a state, Indonesia should responsible for HRV because the main problem of inequality is discrimination rooted from Polygamy regulation.Keywords: equality, human rights violation, non-discrimination, polygamy, state responsibility
LEGAL PERSPECTIVES ON SOCIO-ECONOMIC STATUS OF WOMEN IN AZAD JAMMU AND KASHMIR Sardar M.A. Waqar Khan Arif
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.1902

Abstract

This article focuses on legal perspectives of women’s social and economic status in Azad Jammu and Kashmir (AJK). The bulk of international human rights  instruments provide that human rights are available to ‘everyone’ as grounded in Universal Declaration of human rights (UDHR), (1948) and other human rights instruments. In relation to women, economic, social and cultural (ESC) rights are specifically grounded in UDHR, Women’s Convention and the International Covenant of Economic, social and cultural rights (ICESCR), (1966). In this context, this paper analyses relevant provisions of women’s rights in order to highlight obligations of AJK pertaining to protection of ESC rights. It discusses the ESC status of women with linkage to Millennium development goals (MDGs). It aims to discuss that what are socio-economic conditions of women in AJK? Is there any pattern of vulner-ability in this respect? In general, ESC rights are considered as mere aspirations and goals therefore the Maastricht guidelines are also formulated. The argument developed throughout article is that though AJK is not a State but is state-like entity and has its human rights obligations, in particular, ESC obligations for promotion and protection of women. The women in AJK are vulnerable and may be empowered by promotion of ESC rights. Keywords: ESC rights, women in AJK, human rights  
LAW ASPECT IN TREATING ILLEGAL MINING CASE OF MINERAL C IN PATI REGENCY S Suyoto; Dwiyana Achmad Hartanto
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.1602

Abstract

The research entitled "Law Aspect in Handling Illegal Mining Case of Mineral C in Pati Regency" is motivated by the increasing illegal mining of mineral C. It causes environmental damage, air pollution, licensing violation and tax. The research focus is limited to: (1) What are the influencing factors of illegal mining of mineral C in Sourthern Kendeng and Northern Kendeng mountains in Pati regency? (2) How to treat illegal mining case of mineral C in illegal areas of Southern Kendeng Mountain Area and Northern Kendeng Mountains in Pati Regency ? It applies sociological juridical approach. The results of the research showed: (1) Factors affecting illegal mining of mineral C in illegal areas of Southern Kendeng Mountain and Northern Kendeng Mountains include legal culture, legal structure and legal substance; (2) The treatment of illegal mining cases in the Southern Kendeng Mountains Area and the Northern Kendeng Mountains are conducted both penal and non penal.Keywords: Treatment, Mineral C, Illegal, Pati Regency

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